ASTRA EXIM P. LTD,MUMBAI vs. ITO 2(1)(1), MUMBAI

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ITA 7419/MUM/2013Status: DisposedITAT Mumbai16 March 2016AY 2010-112 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the AO and FAA did not adequately consider the assessee's claim of taking loans to earn interest income. The matter requires further verification due to discrepancies in balance sheet entries.

What were the facts?

The assessee declared NIL income but the AO determined income at Rs. 74,91,510/-, disallowing interest expenses of Rs. 72.07 lakhs. The AO found no business activity and questioned the genuineness of loans and interest payments.

What were the issues?

Whether the disallowance of interest expenses was justified when the assessee claimed to have used borrowed funds to earn interest income, and if the balance sheet entries adequately reflected these transactions.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 133(6),Section 254(1)

AI-generated summary — verify with the full judgment below

Order u/s.254(1)of the Income-tax Act,1961(Act) लेखाकार सद�य राजे�� केकेकेके अनुसार लेखाकार सद�य राजे�� अनुसार PER Rajendra,A.M.- लेखाकार सद�य राजे�� लेखाकार सद�य राजे�� अनुसार अनुसार Challenging the order,dtd.20.11.2013,of CIT(A)-4,Mumbai,the assessee has filed the present appeal.Assessee-company,filed its return of income on 16.09.2010,declaring income at Rs. NIL.The assessing officer(AO)completed the assessment on 31.12.2012,u/s.143(3)of the Act, determining the income of the assessee at Rs.74,91,510/-. 2.Effective ground of appeal is about disallowance of interest Rs.72.07 lakhs.During the assessment proceedings, the AO found that the assessee had earned interest of Rs.74.91 lacs, had paid interest of Rs.72.07 lacs, that it had claimed certain expenses against interest income.Vide his order sheet dt.8.11.2012 the AO asked the assessee as to why the expenses debited to P&L account should not be disallowed as the same were not related to income earned.After considering the submission of the assessee, the AO held that it had not carried out any business activity during the year, for allowing any expenditure the first pre-condition was that the expenses should have been incurred wholly and exclusively for the purpose of business, that in the previous year the assessee had shown interest income but had not claimed interest expenses, that perusal of the balance sheet proved that assessee had not shown secure/unsecured loans. On a query by the AO the assessee stated that it had taken unsecured loans, it had paid interest on the said loans and had deducted TDS before making the payment, that the unsecured loans were shown under the head sundry creditors.The AO observed that the assessee had not taken secured/unsecured loans under consideration, that the sundry creditors shown were of earlier years, that it had paid interest of Rs.70.00 lacs to Benzo Petro International Ltd.,(BPIL) and Rs.2,07,123/- to Chandiwala Shares and Securities (CSS), that the return filed by BPIL showed that it had shown loss of Rs.1.15 crores, that the opening and closing amount in the books of the assessee in the account of BPIL was Rs.44.16crores, that the assessee had paid the interest so that BPIL could set off its losses. Finally,he disallowed the interest of Rs.72.07 lacs. 3.Aggrieved by the order of the AO, the assessee preferred an appeal before the First Appellate Authority (FAA).Before him it was argued that the AO had ignored the basic fact that there was a temporary lug in the business of the assessee,that he had not pointed out any specific defects in the claim of the assessee, during the year under consideration the assessee had received income from other sources,that the assessee had filed complete details of business expenditure, that loans had been taken during the year and had been shown in the

7419/M/13-Astra

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